Court Overrules San Jose on California Housing Law

A court ruling means a state law intended to spur affordable housing development by providing incentives for the sale of surplus public land will apply equally in every city in California.

1 minute read

November 30, 2019, 9:00 AM PST

By James Brasuell @CasualBrasuell


"Cities in California must comply with a state law that requires them to make surplus public land available for low-cost housing, a state appeals court ruled Tuesday," reports Bob Egelko.

"The court overturned a judge’s decision that would have allowed the city of San Jose to enforce a local ordinance that has less-stringent low-cost housing requirements, and more exemptions, than the state law," adds Egelko.

According to the article, the ruling will apply to the 121 charter cities in the state. The law in question was approved by the state and 1982 and strengthened in 2014. "It says local governments that own land or property they no longer need must offer it to developers that agree to make at least 25% of the housing units affordable for sale or rent by low-income households for at least 55 years."

Tuesday, November 26, 2019 in San Francisco Chronicle

Young Professional

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban and Environmental Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban and Environmental Planner

Get top-rated, practical training for planners

"Planetizen federal action tracker" logo superimposed over black and white image of US Capitol dome.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

3 hours ago - Zachary Whalen

Overlapping highways

The state-sanctioned urbicide of Austin

People don’t kill cities. Freeways do.

September 8, 2026 - Benjamin Schneider

The Hoover Dam blocking the Colorado River. The river's water level is noticeably low. The cliffs surrounding the blue water are brown and jagged.

US to reduce Colorado River water deliveries to Mexico

A new Colorado Treaty amendment reduces Mexico’s Colorado River water allocation by 250,000 acre feet.

September 11, 2026 - The Arizona Republic

People boarding a bus on Maryland's Orange Route.

Baltimore to break ground on $50 million Transit Priority Project

The project will bring faster bus trips, safer streets and better bike connections to Baltimore.

1 minute ago - Mass Transit

A brick building with a circular sign with the Airbnb logo hanging off of it.

Airbnb launches $250 million 'last-dollar financing' housing accelerator, makes first investment in Austin

The company will put $6.4 million towards affordable housing development in Texas’ capital.

1 hour ago - Smart Cities Dive

One side of the image shows a Chicago bus stop without a bench, the second image shows the bus stop with a yellow and blue bench.

Guerilla urbanists are building DIY bus stop benches in Chicago

A before-and-after of one of the bus stops with a new bench. The new benches are not officially sanctioned or permitted, but the residents who placed them hope they will be the start of a network of DIY benches across the city.

2 hours ago - Block Club Chicago

FREE Course: Walkable City 1: Why Walkability?

After describing his path towards focusing on walkability as the essence of good planning, Jeff Speck marches through his five principal reasons for making more walkable places.

Reinventing Malls: Planning Alchemy—Turning Gray Fields Into Gold

The course focuses on the opportunities and imperatives that shape reinvention of mall sites.